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(영문) 서울서부지방법원 2019.02.15 2018가단220232
양수금
Text

1. The Defendant shall pay to the Plaintiff KRW 474,537,836 as well as KRW 88,304,830 per annum from May 15, 2018 to the date of full payment.

Reasons

1. Judgment on the Plaintiff’s assertion of the cause of claim

A. 1) On March 15, 1997, when D purchases from E Co., Ltd. (the name of F Co., Ltd. after the change: F Co., Ltd.) with a copy of 118,820,920, the Defendant jointly and severally guaranteed the payment of the price. 2) After D, D lost the benefit of time due to delinquency in payment of the price, and the sales contract of this case was terminated.

3) (1) On June 28, 1999, FF Co., Ltd. G; (2) on November 19, 2002, H Co., Ltd. (the name of the corporation after the change on June 20, 2008: I Co., Ltd.; and the name of the corporation after the change on July 25, 2012: J. and the name of the corporation after the change on March 22, 2013; (3) on December 28, 2012, J Co., Ltd. and L Co., Ltd. transferred to the Plaintiff the claim following the termination of the instant sales contract; (4) on January 5, 2015, L Co., Ltd. filed a lawsuit with the Defendant for the transfer of claims at the rate of KRW 30,05,000,000,000,000,000 won and KRW 4,05,05,000,000.

(5) Based on the final and conclusive judgment of this case, I Co., Ltd. filed an order of seizure and collection with the above court 2010 other 16387, based on the above court’s final and conclusive judgment. (6) The amount of claims upon the termination of the sales contract of this case was determined as of December 6, 2010 by the above court. (3) As of May 14, 2018, the amount of claims upon the termination of the sales contract of this case is KRW 88,304,830, the principal amount was KRW 326,959,902, the interest amount before and after the acceptance, KRW 326,959,902, and the interest amount at KRW 59,273,104, the total amount was KRW 474,537,836, the agreed interest rate per annum.

[Reasons for Recognition] The fact that the person is a person, a significant fact in this Court, and A1 to 3.

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